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HomeMy WebLinkAboutCC-12-21-09-03 Property Valued $25,000 (3 properties)Pag RESOLUTION CC- 12- 21 -09 -01 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL INDIA A APPROVING A SECOND AMENDMENT TO AN INTERLOCAL COOPERATION AGREEMENT This Second Amendment to Interlocal Cooperation Agreement "Second Amendmen entered into by and between the City of Carmel, Indiana (the "City and Clay Township o ato County, Indiana (the "Township and shall be effective as of the adoption of this Second Ame dt t by the legislative body of the City and the Township and the recording of the Second Amer\dm: t with the Hamilton County Recorder. WHEREAS, the City and the Township entered into a certa cal Cooperation Agreement dated July 26, 2002, adopted by the Township by Resolution and b 6111 City under Ordinance No. D- 1603-02 (the "Original Agreement to provide for joint park and recre,tronal services to the residents of the City and the Township; and WHEREAS, the Original Agreement was ame Agreement dated February 8, 2005, adopted by t Ordinance No. D-1740-04 (the "First Amendment" by the Township of certain COIT funds solely for th WHEREAS, the parties desire to r visoa d .mend the Original Agreement, as amended by the First Amendment (hereafter collective] the ent to allow the Township to utilize certain COIT funds held in the Township's 1215 No 1 erti f Park Capital Fund for (i) payment of any capital project expenditure provided for in the •armel a Gard of Parks and Recreation (the "Park Board Fund 1215 budget; (ii) transfers to the City s 104 N r everting Operating Fund if provided for in the Park Board's budget; or (iii) the reimburses- ent t the ty of funds transferred from the City's 103 Non- Reverting Park Capital Fund to support the o era ng dget of the Carmel Clay Central Park Monon Center (such uses collectively "Budgeted Parks E nd ures NOW, THEREFORE, E IT RESOLVED by the Common Council of the City of Carmel, Indiana, that: Section 1. The for _oing Recitals are incorporated herein by reference. Section 2. Section 1 of the First Amendment shall be amended to read as follows: ne of Two Pages "1. Conditional Revision of Section 2.2. Notwithstanding any other provision of the Agreement, so ng as any portion of the indebtedness evidenced by the Lease remains outstanding, due and payable by the Township, and so long as the Township timely makes payment(s) of that portion of its annual COIT distribution that is attributable to the Lease for Budgeted Parks Expenditures, Section 2.2 of the Agreement shelf be revised and amended in its entirety to read as follows: Prepared by Douglas C. Haney, Carmel City Attorney. [Z:1E Bass91y Documents \Resolutions- CCC120091SECOND AMEND Park Interlocal Agmt (Rider).doc:1 211 012009 10:01 AM] SPONSORS: Councilors Carter, Rider and Snyder Amendment to Interlocal Cooperation ip by Resolution and by the City under ovides, among other things, for the payment ses set forth therein; and Resolution CC- 12- 21 -09 -01 Page Two of Three Pages SPONSORS: Councilors Carter, Rider and Snyder 2.2 The Joint Board shall consist of nine (9) members appointed or selected as follows: a, Four (4) members of the Joint Board shall be appointed by the Mayor on the basis of their interest and knowledge of parks and recreation and must be residents of the City. b. Four (4) members of the Joint Board shall be appointed by the Trustee on the basis of their interest and knowledge of parks and recreation and must be residents of the Township. c. One (1) member of the Joint Board shall be appointed by the Board of Education for Carmel /Clay Schools and must be an elected member thereof. d. No more than two (2) of the Mayor's appointments to the Joint Board may be from the same political party. e. An elected official of the City or Township shall not be eligible to serve as a member of the Joint Board. f. The Mayor and Trustee shall continue to stagger the date of appointment of members serving on the Joint Board in a manner similar to that which exists at the time of adoption of this Amendment, and shall maintain records reflecting the date of appointment and term of each member so appointed, Revised Section 2.2, as set forth above, shall automatically terminate and be of no further force or effect on and after the earlier of the first date on which the Township fails to timely pay any portion of the COIT funds attributable to the Lease as described above, or the date on which the Township makes its final payment under the lease. Immediately upon the occurrence of either such event, the original terms of Section 2.2 as contained in the Agreement shall again become binding on the parties hereto. 2. Ratification. In all other respects, the Agreement is hereby ratified, approved and continued in every way. This Second Amendment, including the recitals set forth above, shall be incorporated into the terms of the Agreement as if set forth in full therein. 3. Enforceability, This Second Amendment is entered into pursuant to I.C. 36 -1 -7, et seq., as the same may be amended or supplemented from time to time. This Second Amendment shall be recorded in the Office of the Hamilton County Recorder after approval by the City and the Township, and shall be filed with the State Board of Accounts for audit purposes, all as required by I.C. 36 -1 -7, and shall not be deemed enforceable and binding until recorded with the County Recorder. This Second Amendment may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one and the same instrument." Prepared by Douglas C. Haney, Carmel City Attorney. [Z:1E Bassl ly Documents1Resolutions- CCC120091SECOND AMEND Park Interlocal Agmt (Rider).doc:1 211 0/2 009 10:01 AM] SPONSORS: Councilors Carter, Rider and Snyder S S0 RESUL VED by the Common Council of the City of Carmel, Indiana, this QL day of 2009, by a vote of 2 ayes and nays. Presiding Officer W. Eric Seidensticker, President Pro Tempore Ronald E. Carter ATTE Diana L. Cordray, IAMC, Cler nd- Presented by me to the Mayor of the City of Carmel, Indiana, this ao/ day of 2009, at 11 01 O'clock, A M. Approved by me, the Mayor of the City of Carmel, Indiana, this day of 2009, at O'clock, M. ATTEST: Diana L. Cordray, IAMC, Clerk- Treasurer Resolution CC- 12- 21 -09 -01 Page Three of Three Pages COMMON COUNCIL FOR THE CITY OF CARMEL asurer Prepared by Douglas C. Haney, Carmel City Attorney. [Z:IE BassWly DocumentslResolutions- CCCl20091SECOND AMEND Park Inter Agmt (Rider).doc:121101200910 01 AM] Joseph ths Kevin Rider PiP©S Richard. L. Sharp ofe se Luci Snyder Diana L. Cordray, IAMC, Clerk Treasurer James Brainard, Mayor